No. 99-0834/AR. U.S. v.
Russell
E. MYERS. CCA 9701025.Appellee's motion to file
answer
letter out of time denied as moot.

No. 99-0949/NA. U.S. v.
Michael
P. NISGORE. CCA 99-0583.Appellant's motion to file
supplement
to petition for grant of review out of time denied; appellee's motion
to
dismiss supplement to petition for grant of review denied as moot.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-022Tuesday, November 02, 1999

APPEALS – SUMMARY
DISPOSITIONS

No. 97-0302/AF. U.S. v.
Jacqueline
JOHNSON-SAUNDERS. CCA S29158. On consideration of the petition for
grant of review of the decision of the United States Air Force Court of
Criminal Appeals, said petition is hereby granted and the decision of
the
United States Air Force Court of Criminal Appeals is affirmed. [See
also
ORDERS GRANTING PETITION FOR REVIEW this date.]

No. 98-0440/AR. U.S. v.
John
H.I. WARNER. CCA 9601510. On consideration of the petition for
grant
of review of the decision of the United States Army Court of Criminal
Appeals,
said petition is hereby granted and the decision of the United States
Air
Force Court of Criminal Appeals is affirmed. [See also ORDERS GRANTING
PETITION FOR REVIEW this date.]

WHETHER THE LOWER COURT ERRED IN FINDING
THAT APPELLANT'S UNSWORN STATEMENT THAT "I HAVE TRIED THROUGHOUT MY
LIFE,
EVEN DURING CHILDHOOD TO STAY WITHIN THE LAWS AND REGULATIONS OF THIS
COUNTRY"
TO BE AN ASSERTION OF FACT, SUBJECT TO REBUTTAL EVIDENCE.

PETITIONS
FOR
GRANT OF REVIEW DENIED

No. 99-0796/AF. U.S. v.
Robert
K. MANN. CCA 32558.

No. 99-0937/AF. U.S. v.
Valarie
L. FULLER. CCA 33266.

No. 99-0945/AR. U.S. v.
David
D. LUCERO. CCA 9801189.

No. 99-0959/AF. U.S. v.
Byron
K. DODSON. CCA 33677.

No. 99-0962/AF. U.S. v.
Keith
L. SANDERS. CCA 33621.

No. 99-0966/AF. U.S. v.
Thomas
C. BALL. CCA S29635.

No. 99-0986/AF. U.S. v.
Richard
H. SABY. CCA 33609.

No. 99-0987/AF. U.S. v.
Robert
E. DUMP. CCA 33629.

PETITIONS FOR
GRANT
OF REVIEW - OTHER SUMMARY DISPOSITIONS

No. 99-0995/AR. U.S. v.
Lowell
L. MCGEE. CCA 9700480. Appellant’s motion to withdraw petition for
grant
of review granted without prejudice to the appellant’s right to file a
petition for grant of review on a subsequent date.

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0074/NA. U.S. v.
Donnie
M. BOLERJACK. CCA 98-1500.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-023Wednesday, November 03, 1999

No. 99-8028/AR. U.S. v.
Anthony
L. NEHRING. CCA 9900542.On consideration of the
writ-appeal
petition for review of a denial of a petition for extraordinary relief
in the nature of a writ of prohibition, it is ordered that said
petition
is hereby granted on the following issue specified by the Court:

WHETHER THE COURT-MARTIAL
LACKED
JURISDICTION, THEREFORE IS A NULLITY, BECAUSE THE APPELLANT DID NOT
PERSONALLY
ELECT TO BE TRIED BY A PANEL OF OFFICER AND ENLISTED MEMBERS EITHER
ORALLY
OR IN WRITING.Appellant shall file a brief
on
or before December 6, 1999, and appellee shall file an answer within
thirty
days thereafter.

SULLIVAN,
Judge (dissenting): I dissent from this order granting a specified
issue.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-024Thursday, November 04, 1999

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0075/AR. U.S. v.
Lawrence
N. PRINCE, Jr. CCA 9701353.

INTERLOCUTORY
ORDERS

No. 93-7001/AR. U.S. v.
Ronald
A. GRAY. CCA 8800807.

Appellant's motion to
extend
time to file answer to motion to withdraw as counsel granted to
November
15, 1999.

No. 99-0536/AF. U.S. v.
Robert
J. MONROE. CCA 32592.

Motion filed by The
Catholic
University of America Columbus School of Law seeking permission to
appear
as amicuscuriae and to present oral argument for five
minutes
granted.

MANDATES ISSUED

No. 98-0947/AR. U.S. v.
Jason
L. ROCK. CCA 9700192.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-025Friday, November 05, 1999

APPEALS - SUMMARY
DISPOSITIONS

No. 97-0604/AR. U.S. v.
Larry
WALLACE, Jr. CCA 9500234.On consideration of the petition
for
grant of review of the decision of the United States Army Court of
Criminal
Appeals, it is ordered that said petition is hereby granted and that
the
decision of the United States Army Court of Criminal Appeals is
affirmed.
[See also ORDERS GRANTING PETITION FOR REVIEW this date.]

WHETHER APPELLANT WAS
SUBJECTED
TO CRUEL AND UNUSUAL PUNISHMENT IN VIOLATION OF THE EIGHTH AMENDMENT
AND
ARTICLE 55 OF THE UCMJ WHEN GUARDS AT THE MILITARY CONFINEMENT FACILITY
REPEATEDLY SEXUALLY HARASSED HER.No. 99-0774/NA. U.S. v.
Alicia
R. THOMAS. CCA 98-0478. Review granted on the following
issue:WHETHER THE LOWER COURT
ERRED
IN FINDING THAT THE TRIAL COUNSEL DID NOT COMMIT PLAIN ERROR BY ASKING
APPELLANT ON CROSS-EXAMINATION WHETHER NCIS SPECIAL AGENT PERKINS WAS
LYING
WHEN HE TESTIFIED BECAUSE HIS TESTIMONY WAS INCONSISTENT WITH
APPELLANT'S.

PETITIONS
FOR
GRANT OF REVIEW DENIED

No. 99-0455/AR. U.S. v.
Michael
L. LANDRY. CCA 9700143.

INTERLOCUTORY
ORDERS

No. 99-0595/AR. U.S. v.
Timothy
W. SHELTON. CCA 9600456.On further consideration of
the petition for grant of review filed in this case, it appears that
the
Government has not submitted a formal answer to the supplement to the
petition
for grant of review, but that such answer would be helpful to the Court
in disposing of the petition. Accordingly, it is ordered that the
Government
will file a formal answer to the issue raised by appellate defense
counsel
on or before 6 December 1999.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-026Monday, November 08, 1999

HEARINGS

No. 99-0040/AR. U.S. v.
Ronald
L. DIGGS. CCA 9700186.

No. 99-0073/AR. U.S. v.
Morris
T. COBIA. CCA 9601645.

No. 99-0091/NA. U.S. v.
Roger
D. GEORGE. CCA 97-1969.

APPEALS - SUMMARY
DISPOSITIONS

No. 99-0177/AR. U.S. v.
Andrew
K. LEAL. CCA 9701028. On further consideration of the granted
issues
(Daily Journal May 26, 1999), we conclude that the case should be
reconsidered
by the Court of Criminal Appeals in light of United States v.
Gammons,
51 MJ 169 (1999). Accordingly, it is ordered that the decision of the
United
States Army Court of Criminal Appeals is set aside and that the record
of trial is returned to the Judge Advocate General of the Army for
remand
to that court for further review.

No. 99-0111/NA. U.S. v.
Brian
H. HENSLEY. CCA 98-0225.Appellant's motion to order
remand deferred until further order of the Court.

MANDATES ISSUED

No. 98-0200/NA. U.S. v.
Joey
VILLAREAL. CCA 96-1234.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-029Friday, November 12, 1999

CERTIFICATES FOR
REVIEW
FILED

No. 00-5001/MC. U.S. v.
Gary
L. SCALARONE. CCA 98-0227. The Judge Advocate General, United
States
Navy, requests that action be taken with respect to the following issue:

WHETHER UNITED STATES
V.
HUFFMAN, 40 MJ 225 (CMA 1994), WHICH HELD THAT AN ACCUSED’S FAILURE
TO RAISE THE ISSUE OF ILLEGAL PRETRIAL CONFINEMENT AT TRIAL DOES NOT
PRECLUDE
HIM FROM RAISING THE ISSUE ON APPEAL, SHOULD BE OVERRULED.No. 00-5002/CG. U.S. v.
Thomas
O. ARMSTRONG. CCA 1076. The General Counsel, Department of
Transportation,
requests that action be taken with respect to the following issues:I. THE COURT BELOW ERRED
BY
FAILING TO APPLY A PLAIN OR OBVIOUS ERROR STANDARD OF REVIEW TO THE
MILITARY
JUDGE’S DENIAL OF ACCUSED’S CHALLENGE FOR CAUSE ON GROUNDS OF IMPLIED
BIAS
WHERE THE ISSUE OF IMPLIED BIAS WAS FIRST RAISED ON APPEAL.

II. THE COURT OF CRIMINAL
APPEALS
ERRED BY FINDING THAT THE FACTS IN THIS CASE WARRANTED GRANTING A
CHALLENGE
FOR CAUSE FOR IMPLIED BIAS WHERE A COURT MEMBER (1) WAS FOUND TO BE
CANDID
AND FORTHRIGHT DURING VOIR DIRE; (2) WAS EXPOSED TO ONLY LIMITED AND
GENERAL
FACTS OF THE CASE PRIOR TO TRIAL; (3) HAD A PROFESSIONAL RELATIONSHIP
WITH
THE INVESTIGATOR/WITNESS IN THE CASE; AND (4) HAD A LAW ENFORCEMENT
BACKGROUND
THAT DID NOT INVOLVE PROSECUTION OF MILITARY MEMBERS.

PETITIONS
FOR
GRANT OF REVIEW DENIED

No. 00-0020/AR. U.S. v.
James
R. BELVIY. CCA 9900098.

No. 99-0825/AR. U.S. v.
Eddie
M. GOBEN. CCA 9801115.

No. 99-0975/AR. U.S. v.
Scott
G. GUSTAFSON. CCA 9801361.

No. 99-0976/AF. U.S. v.
Carl
D. VESTAL, Jr. CCA S29671.

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0084/AR. U.S. v.
Stephen
L. BURNETT. CCA 9801389.

No. 00-0085/AF. U.S. v.
Amanda
K. GREGORY. CCA S29628.

No. 00-0086/AF. U.S. v.
Latrise
C. MORRIS. CCA S29519.

INTERLOCUTORY
ORDERS

No. 98-1023/AR. U.S. v.
Keith
HENRY. CCA 9402015. Onconsideration of (1) the
briefs
filed on behalf of the parties, (2) oral argument before this Court on
October 27, 1999, (3) appellate defense counsel's assertion that
appellant
is substantially prejudiced unless Prosecution Exhibits 40, 41, 42, 44
and 45, in their totality, are included in the record, and (4) the
appellee's
"request" to "complete the record" with those portions of Prosecution
Exhibits
40, 41, 42, 44 and 45 which were omitted from the authenticated record
of trial, or identical copies of this evidence,*
it is ordered that appellee submit to this Court on or before December
14, 1999, Prosecution Exhibits 40, 41, 42, 44 and 45 in their entirety,
or identical copies/back issues of these aforementioned exhibits. If
the
documents can not be obtained, an affidavit setting forth the content
of
the documents and an explanation why neither the Prosecution Exhibits
nor
identical copies could be obtained will be filed with the Court.

No. 99-0751/NA. U.S. v.
Michael
J. LANGE. CCA 98-1731. Second motion, but only up to and
including
December 10, 1999.

No. 99-0911/MC. U.S. v.
Douglas
A. ANDERSON. CCA 97-0058. But only up to and including December 10,
1999.

No. 99-0915/MC. U.S. v.
Noel
A. PINEDA. CCA 98-1659. But only up to and including December 10,
1999.

In each
of
the above four cases, appellant's motion to extend time to file final
brief
granted to date indicated.
___________________
* Appellee’s
Brief before the United States Army Court of Criminal Appeals, p. 15,
filed
on October 15, 1997.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-030Monday, November 15, 1999

I. WHETHER THE ARMY COURT OF CRIMINAL
APPEALS
ABUSED ITS DISCRETION BY ORDERING THE CONVENING AUTHORITY IN
APPELLANT'S
CASE TO EITHER CONDUCT A REHEARING OR REASSESS APPELLANT'S SENTENCE
WHERE
THE ARMY COURT OF CRIMINAL APPEALS SET ASIDE CHARGES THAT WERE VASTLY
MORE
SEVERE THAN THE REMAINING CHARGES AND REASSESSMENT BY THE CONVENING
AUTHORITY
WAS NOT A PROPER ALTERNATIVE.and the following issue specified by the Court:II. WHETHER THE COURT OF CRIMINAL
APPEALS,
IN REVIEWING THE SENTENCE AFTER REASSESSMENT BY THE CONVENING
AUTHORITY,
ERRED BY NOT SPECIFICALLY DETERMINING WHETHER THE REASSESSED SENTENCE
PROVIDED
APPROPRIATE RELIEF REQUIRED BY UNITED STATES V. SALES, 22 MJ
305
(CMA 1986), AND UNITED STATES V. JONES, 39 MJ 315 (CMA 1994).

In each
of
the above two cases, appellant's motion to extend time to file
supplement
to petition for grant of review granted to date indicated.

No. 99-0974/AR. U.S. v.
Reinaldo
MONTANEZ-PITRE. CCA 9701865.Appellant's second
motion
to extend time to file supplement to petition for grant of review
granted,
but only to December 6, 1999; absent extraordinary circumstances,
no
further extension of time will be granted in this case.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-031Tuesday, November 16, 1999

PETITIONS FOR
GRANT
OF REVIEW DENIED

No. 00-0030/AF. U.S. v.
Jeffrey
D. BENINK. CCA 33715.

No. 99-0956/NA. U.S. v.
Brian
E. HUSBANDS. CCA 98-1850.

No. 99-1003/MC. U.S. v.
Donald
K. RACKLEY, Jr. CCA 99-0127.

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0090/AR. U.S. v.
Jason
A. DUBOIS. CCA 9801543.

INTERLOCUTORY
ORDERS

No. 00-0090/AR. U.S. v.
Jason
A. DUBOIS. CCA 9801543. Notice is hereby given that a petition for
grant
of review was offered for filing under Rule 20, together with
appellant’s
motion to file the same out of time. Appellee shall file an answer to
appellant’s
motion on or before the 29th day of November, 1999. Further
action on the petition shall be held in abeyance pending the Court’s
final
action on the motion.

No. 99-0912/NA. U.S. v.
Aaron
P. PRITT. CCA 98-1660. Only up to and including December 9, 1999.

In each
of
the above two cases, appellant's motion to extend time to file final
brief
granted to date indicated.

No. 99-0967/AR. U.S. v.
Murali
S. KULATHUNGAM. CCA 9700340.Appellant's second
motion
to extend time to file supplement to petition for grant of review
granted,
but only to November 30, 1999; absent extraordinary circumstances,
no
further extension of time will be granted in this case.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-032Wednesday, November 17, 1999

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0091/MC. U.S. v.
Rance
E. JONES. CCA 98-1789.

No. 00-0092/AR. U.S. v.
John
D. GUNKLE. CCA 9701960.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-033Thursday, November 18, 1999

PETITIONS FOR
GRANT
OF REVIEW DENIED

No. 00-0018/AF. U.S. v.
Jacob
J. GARZA. CCA 33165.

No. 00-0026/AF. U.S. v.
Robert
A. BAKER. CCA S29643.

No. 00-0047/AF. U.S. v.
Michael
M. ADAMS. CCA 33714.

No. 00-0056/AF. U.S. v.
Tracy
L. GILLETT. CCA S29667.

No. 00-0058/AF. U.S. v.
John
R. DIPIERNO. CCA 33604.

No. 99-0908/AR. U.S. v.
Reynaldo
G. ALVARADO. CCA 9701332.

No. 99-0920/AF. U.S. v.
Brandon
S. LAWSON. CCA 32943.

No. 99-0942/AF. U.S. v.
Kelly
J. ROGERS. CCA S29502.

No. 99-0954/AR. U.S. v.
Rick
E. SIEBERT. CCA 9801132.

No. 99-0961/AF. U.S. v.
Victor
G. BEGIN. CCA 32755.

No. 99-0971/NA. U.S. v.
Mark
A. CARLISLE. CCA 98-0612.

No. 99-0978/AF. U.S. v.
Jason
M. CAYEA. CCA 33635.

No. 99-0980/NA. U.S. v.
Shannon
J. HALBERT. CCA 98-1310.

No. 99-0985/AR. U.S. v.
Matthew
E. LONG. CCA 9900333.

No. 99-0997/AF. U.S. v.
Fernando
AVILEZ-LOPEZ. CCA 33651.

No. 99-1000/AF. U.S. v.
Michael
J.T. PISA. CCA S29636.

No. 99-1006/MC. U.S. v.
Francis
J.M. REINZI. CCA 98-1853.

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0093/MC. U.S. v.
Alejandro
SERRANO. CCA 98-1260.

No. 00-0094/MC. U.S. v.
Enrique
ANDAVERDE. CCA 99-0363.

INTERLOCUTORY
ORDERS

No. 99-0764/NA. U.S. v.
Darwinn
DAVIS. CCA 97-1012. Appellant'smotion to extend time to file
final brief granted to December 7, 1999.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-034Friday, November 19, 1999

WHETHER THE LOWER COURT
ERRED
WHEN IT AFFIRMED A SPECIAL COURT-MARTIAL SENTENCE WHICH INCLUDED BOTH A
FINE AND A FORFEITURE.No. 99-0965/MC. U.S. v.
Pedro
A. TOLLINCHI. CCA 98-0246. Review granted on the following issue:WHETHER THE EVIDENCE
PRESENTED
BY THE GOVERNMENT WAS LEGALLY INSUFFICIENT TO ESTABLISH THAT APPELLANT
WAS GUILTY OF RAPING EH BECAUSE THE GOVERNMENT FAILED TO ESTABLISH
A REQUIRED ELEMENT OF RAPE.

PETITIONS
FOR
GRANT OF REVIEW FILED

No. 00-0095/AR. U.S. v.
Paul
J. FULLER. CCA 9701004.

No. 00-0096/AR. U.S. v.
Maurice
RUSH. CCA 9701687.

No. 00-0097/AF. U.S. v.
Jere
H. WESSELL. CCA 33033.

No. 95-0865/AR. U.S. v.
Hershell
W. VEAL. CCA 9601448.*/_____

*/ Second
petition
filed in same case.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-035Monday, November 22, 1999

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0098/AF. U.S. v.
David
M. DOBROWOLSKI. CCA 33743.

No. 00-0099/AF. U.S. v.
Shelby
B. FORREST. CCA 32707.

No. 00-0100/AF. U.S. v. Joo
H.
PASCUAL. CCA 33665.

No. 00-0101/AF. U.S. v.
Marmeka
L. SWINSON. CCA 33756.

No. 00-0102/AR. U.S. v.
Juan
O. ALVARADO-ALBELO. CCA 9800265.

No. 00-0103/AR. U.S. v.
David
B. BOWERS. CCA 9801149.

MISCELLANEOUS
DOCKET
- FILINGS

Misc. No. 00-8001/AR.
United
States, appellee, v. Ervin M. GRAVES, appellant. CCA 9900907.
Writ-appeal
petition for review of the United States Army Court of Criminal Appeals
decision on application for extraordinary relief filed under Rule 27(b).

INTERLOCUTORY
ORDERS

No. 98-1071/AR. U.S. v.
Willie
L. VERTISON. CCA 9600303.Appellant's second
motion
to extend time to file supplement to petition for grant of review
granted
to November 24, 1999; absent extraordinary circumstances, no
further
extension of time will be granted in this case.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-036Tuesday, November 23, 1999

ORDERS GRANTING
PETITION
FOR REVIEW

No. 99-0367/MC. U.S. v.
Craig
J. SPERANZI. CCA 98-1588. Review granted on the following issue
specified
by the Court:

WHETHER APPELLANT WAS
DENIED
THE EFFECTIVE ASSISTANCE OF COUNSEL BECAUSE HIS CIVILIAN COUNSEL WAS
NOT
AUTHORIZED TO PRACTICE LAW DUE TO THE INACTIVE STATUS OF ALL HIS STATE
BAR MEMBERSHIPS.No. 99-0872/NA. U.S. v.
William
J. BAER. CCA 97-2044. Review granted on the following issue:WHETHER THE LOWER COURT
ERRED
IN FINDING NO ABUSE OF DISCRETION WHERE THE MILITARY JUDGE ALLOWED
TRIAL
COUNSEL TO ASK THE MEMBERS TO PUT THEMSELVES IN THE PLACE OF THE VICTIM
WHEN HE WAS TORTURED AND MURDERED.No. 99-0932/AF. U.S. v.
Larry
D. SMITH, Jr. CCA 32850. Review granted on the following issue:WHETHER APPELLANT WAS
SUBJECTED
TO ILLEGAL PRETRIAL PUNISHMENT, IN VIOLATION OF ARTICLE 13, UCMJ.No. 99-0955/NA. U.S. v.
Andrew
J. BURKIETT. CCA 97-1774. Review granted on the following issue:WHETHER THE LOWER COURT
ERRED
IN HOLDING THAT THERE IS NO GENERAL PSYCHOTHERAPIST-PATIENT PRIVILEGE
APPLICABLE
TO THE MILITARY. SULLIVAN,
Judge
(concurring in part and dissenting in part): Iwould
also grant the following issue:WHETHER THE LOWER COURT
ERRED
IN AFFIRMING THE SENTENCE TO LIFE IMPRISONMENT WHERE THE MEMBERS
IMPOSED
AN EXCESSIVE SENTENCE IN RELIANCE UPON POSSIBLE MITIGATING ACTION BY A
HIGHER AUTHORITY IN VIOLATION OF THE MILITARY JUDGE’S INSTRUCTIONS, AND
RCM 1105(e)(3).

PETITIONS
FOR
GRANT OF REVIEW DENIED

No. 99-0101/AF. U.S. v.
James
S. COKER. CCA 32047.

SULLIVAN,
Judge (dissenting): I would grant the following issue:

WHETHER THE MILITARY
JUDGE
ERRED BY RULING, OVER DEFENSE OBJECTION, THAT THE HEARSAY TESTIMONY OF
DR. TOMEFEEW, A STAFF PEDIATRICIAN, WAS ADMISSIBLE UNDER THE "MEDICAL
TREATMENT"
EXCEPTION TO THE HEARSAY RULE.No. 99-0972/AF. U.S. v. Robert
P.
MCGOUGH. CCA 32987.

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0104/AR. U.S. v.
Holly
M. BALDWIN. CCA 9800230.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-037Wednesday, November 24, 1999

I. WHETHER APPELLANT WAS
DENIED
HIS SIXTH AMENDMENT RIGHT TO COUNSEL WHERE HIS CIVILIAN DEFENSE COUNSEL
WAS UNAUTHORIZED TO PRACTICE LAW IN ALL JURISDICTIONS WHERE HE HAD BEEN
ADMITTED TO PRACTICE LAW.and the following issue
specified
by the Court:II. WHETHER A CIVILIAN
COUNSEL
WHO IS IN INACTIVE OR RETIRED STATUS IN HIS BAR MEMBERSHIP(S) REMAINS
AUTHORIZED
TO PRACTICE BEFORE A GENERAL COURT-MARTIAL IN TERMS OF UCMJ, ARTICLES
27
AND 38(b)(2) AND RCM 502.

PETITIONS
FOR
GRANT OF REVIEW DENIED

No. 99-0742/MC. U.S. v.
Thomas
W. FOWLER. CCA 98-0966.

SULLIVAN,
Judge (dissenting): I would grant the following issue:

WHETHER THE LOWER COURT
ERRED
IN FINDING NO "PLAIN ERROR" ARISING FROM THE MILITARY JUDGE’S
CONSIDERATION
IN AGGRAVATION OF CHARGE I (CARNAL KNOWLEDGE), AN ABORTION PROCURED BY
APPELLANT’S SEXUAL PARTNER "FOR THE FACT THAT THERE IS A DEAD CHILD."

PETITIONS
FOR
GRANT OF REVIEW FILED

No. 00-0105/AF. U.S. v.
Eric
L. BOOKEY. CCA S29542.

No. 00-0106/AF. U.S. v.
Andrea
F. CORSON. CCA 33645.

No. 00-0107/AF. U.S. v.
Kevin
L. SMITH. CCA S29706.

No. 00-0108/AF. U.S. v.
Bernard
S. SCHWARTZ, Jr. CCA 33693.

No. 00-0109/AF. U.S. v.
Eddie
L. CHANEY. CCA S29638.

No. 97-0844/NA. U.S. v.
Bobby
W. ANDERSON. CCA 96-0152.*/_____

*/ Second
petition
filed in same case.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-038Friday, November 26, 1999

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0110/AR. U.S. v.
Claude
E. PRUITT. CCA 9800284.

No. 00-0111/AR. U.S. v.
Derrick
C. WILLIAMS. CCA 9701161.

UNITED STATES COURT OF
APPEALS
FOR THE ARMED FORCESDAILY JOURNALNo. 00-039Monday, November 29, 1999

PETITIONS FOR
GRANT
OF REVIEW FILED

No. 00-0112/AR. U.S. v.
Marty
D. NESBITT. CCA 9701692.

PETITIONS FOR
RECONSIDERATION
DENIED

No. 97-0432/AR. U.S. v.
Tereasa
M. HICKS. CCA 9502205. Appellant’s petition for reconsideration of the
opinion of the Court issued on the 30th day of September,
1999
denied.

SULLIVAN,
Judge (dissenting): I would grant the petition for reconsideration.

No. 99-5006/AR. U.S. v.
Kier
D. JACKSON. CCA 9700166.Appellant and cross-appellee's
motion to extend time to file answer to final brief on issue raised in
certificate for review granted, but only up to and including
December
13, 1999.